MAMTA BHARADWAJ Vs. MADHUSUDAN BHARADWAJ

JUDGEMENT

(1.) HEARD . This writ petition under Article 227 of the Constitution of India has been filed by the petitioner/non -applicant against the order dated 5.4.2008 passed by the Additional Principal Judge, Family Court, Gwalior, in Suit No. 117 -A/07 (HMA), whereby the learned Family Court rejected the application for grant of maintenance pendente lite filed by the petitioner under section 24 of the Hindu Marriage Act, 1955 (for short the "Act") and awarded Rs. 1,500/ - only towards litigation expenses.

(2.) BRIEF facts of the case are that the respondent -husband has filed an application under section 13 of the Act for dissolution of marriage solemnized between the petitioner -wife and respondent -husband. The proceedings have been registered as Case No. 117 -A/07 (HMA) and is pending before the Additional Principal Judge, Family Court, Gwalior. In the said proceedings, petitioner -wife filed an application under section 24 of the Hindu Marriage Act seeking maintenance pendente lite and expenses for the proceedings. The respondent -husband is working at SRF Malanpur and his monthly income is Rs. 10,562/ -. He is having agricultral land at Village Chhareta, from which his income is Rs. 35,000/ - per annum. He is also having house at Saraswati Nagar, the valuation of which is Rs. 50.00 lacs, 200 sq. mtr. plot at SADA, 74.30 sq.mtr. land at Mahalgaon, near Govindpuri and 1,250 sq.ft. land at Mehra Gwalior. No reply of this application was filed by the respondent. The petitioner - wife also filed an application claiming maintenance under section 125, CrPC, in which maintenance was awarded to the petitioner @ 2,000/ - per month vide order dated 7.12.2007. It is also not in dispute that the petitioner is getting maintenance @ Rs. 2,000/ - per month. An objection was raised before the Family Court that the petitioner -wife was only entitled for one maintenance and no maintenance pendente lite in an application filed under section 24 of the Act can be granted by the Family Court.

(3.) IT is submitted by the learned counsel for the petitioner that scope and object of the proceedings under section 125, CrPC and under section 24 of the Hindu Marriage Act are different. There is no bar that if an application under section 125, CrPC is allowed, then the application filed by the petitioner under section 24 of the Act is not maintainable.